Ex Parte CAPPS et al - Page 3




          Appeal No. 2002-1041                                                        
          Application 08/866,402                                                      

          (filed August 3, 1995)                                                      

               Claims 20-34 stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over Volk and Greanias.                                  
               We refer to the final rejection (Paper No. 15) (pages                  
          referred to as "FR__") and the examiner's answer (Paper No. 18)             
          (pages referred to as "EA__") for a statement of the examiner's             
          rejection, and to the appeal brief (Paper No. 17) (pages referred           
          to as "Br__") for a statement of appellants' arguments                      
          thereagainst.                                                               
                                       OPINION                                        
          Obviousness factual findings                                                
               Content of the prior art                                               
               Volk discloses a viewer interface for use in an interactive            
          television environment, but which can be used with computer                 
          software (col. 12, line 60 to col. 13, line 6).  Control items on           
          the screen, such as control buttons or icons for "open" and                 
          "close" functions, are selected by a user who typically navigates           
          a cursor with a keyboard or mouse, and selects the control item             
          by a keyboard stroke or a mouse click (col. 4, lines 9-16).  A              
          selected control item responsive to input is said to have the               
          "focus" (col. 4, lines 26-27) and is indicated by a focus item.             
          "[T]he display of a control item that has the focus is typically            
          altered, for example by highlighting the display of the item or             

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